Miller v. Stieglitz

The cross-motions are presented for decision without any submission of the pleadings or statement of the subject-matter of either suit. What appears is that Miller began the first entitled suit and died while it was pending, and thereupon Julia Miller, administratrix, was substituted as plaintiff pursuant to the Abatement act. The case went to trial, the jury found for defendants, and the trial judge signed a postea accordingly, containing the clause "with costs of suit to be taxed in favor of the defendants.” On this postea judgment was entered and costs were taxed and I presume *928served.…